Assembly Bill No. 245–Committee on Education

(On Behalf of Elko County School District)

February 15, 1999

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Referred to Committee on Education

 

SUMMARY—Makes various changes regarding truancy and discipline of pupils. (BDR 34-631)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to education; making various changes regarding truancy and the discipline of pupils; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 392.130 is hereby amended to read as follows:

1-2 392.130 1. Within the meaning of this chapter, a pupil shall be

1-3 deemed a truant who is absent from school without the written approval of

1-4 his teacher or the principal of the school, unless the pupil is physically or

1-5 mentally unable to attend school. The teacher or principal shall give his

1-6 written approval for a pupil to be absent if an emergency exists . [or upon

1-7 the request of a parent or legal guardian of the pupil.] Before a pupil may

1-8 attend or otherwise participate in school activities outside the classroom

1-9 during regular classroom hours, he must receive the approval of the teacher

1-10 or principal.

1-11 2. Absence for [any part] at least one period, or the equivalent of one

1-12 period for the school, of a school day shall be deemed a truancy for the

1-13 purposes of this section.

1-14 3. If a pupil is physically or mentally unable to attend school, the

1-15 parent or legal guardian or other person having control or charge of the

1-16 pupil shall notify the teacher or principal of the school [orally or] in

1-17 writing within 3 days after the pupil returns to school.

2-1 4. An absence which has not been approved pursuant to subsection 1

2-2 or 3 shall be deemed an unapproved absence. In the event of an

2-3 unapproved absence, the teacher, attendance officer or other school official

2-4 shall deliver or cause to be delivered a written notice of truancy to the

2-5 parent, legal guardian or other person having control or charge of the child.

2-6 The written notice must be delivered to the parent, legal guardian or other

2-7 person who has control of the child. The written notice must inform the

2-8 parents or legal guardian of such absences in a form specified by the

2-9 department.

2-10 5. As used in this section, "physically or mentally unable to attend"

2-11 does not include a physical or mental condition for which a pupil is

2-12 excused pursuant to NRS 392.050.

2-13 Sec. 2. NRS 392.268 is hereby amended to read as follows:

2-14 392.268 1. If a school district incurs additional costs for transporting

2-15 an offender because he is prohibited from attending a public school that a

2-16 victim is attending, the school district is entitled to reimbursement of all or

2-17 part of those costs from the parents or guardians of the offender to the

2-18 extent ordered by the court pursuant to NRS 62.455. The superintendent of

2-19 the school district or the parents or guardians of the offender may petition

2-20 the court to reconsider the amount of reimbursement ordered by the court.

2-21 2. If a school district does not receive reimbursement for the

2-22 additional costs, the school district may pay the additional costs in the

2-23 same manner as the school district pays the costs of providing

2-24 transportation to pupils pursuant to NRS 392.300 and 392.320.

2-25 Sec. 3. NRS 392.4655 is hereby amended to read as follows:

2-26 392.4655 A pupil shall be deemed a habitual disciplinary problem if

2-27 the school in which the pupil is enrolled has written evidence which

2-28 documents that in one school year:

2-29 1. The pupil has threatened or extorted, or attempted to threaten or

2-30 extort, another pupil or a teacher or other personnel employed by the

2-31 school;

2-32 2. The pupil has been suspended from the school that he regularly

2-33 attends for [initiating] at least 3 hours of a school day for provoking,

2-34 attempting to engage in or engaging in at least two fights on school

2-35 property; or

2-36 3. The pupil has a record of five suspensions from the school that he

2-37 regularly attends for at least 3 hours of a school day for any reason.

2-38 4. As used in this section:

2-39 (a) "Fight" means a physical conflict in which a person uses force or

2-40 violence upon another person.

2-41 (b) "Provoking" means the use of a word, sign or gesture designed to

2-42 encourage, incite or otherwise induce another person to engage in an act

2-43 of violence.

3-1 Sec. 4. NRS 392.466 is hereby amended to read as follows:

3-2 392.466 1. Except as otherwise provided in this section, any pupil

3-3 who commits a battery which results in the bodily injury of an employee of

3-4 the school, sells or distributes any controlled substance or is found in

3-5 possession of a dangerous weapon, while on the premises of any public

3-6 school, at an activity sponsored by a public school or on any school bus

3-7 must, for the first occurrence, be suspended or expelled from that school,

3-8 although he may be placed in another kind of school, for at least a period

3-9 equal to one semester for that school. For a second occurrence, the pupil

3-10 must:

3-11 (a) Be permanently expelled from that school [; and] although he may

3-12 be placed in another kind of school; or

3-13 (b) Receive equivalent instruction authorized by the state board

3-14 pursuant to NRS 392.070.

3-15 The superintendent of schools of a school district may, if appropriate in a

3-16 particular case, allow an exception to the expulsion required by this

3-17 subsection if the board of trustees of the school district approves an

3-18 exception for the pupil.

3-19 2. Except as otherwise provided in this section, any pupil who is found

3-20 in possession of a firearm while on the premises of any public school, at an

3-21 activity sponsored by a public school or on any school bus must, for the

3-22 first occurrence, be expelled from the school for a period of not less than 1

3-23 year, although he may be placed in another kind of school for a period not

3-24 to exceed the period of the expulsion. For a second occurrence, the pupil

3-25 must:

3-26 (a) Be permanently expelled from the school [;and] although he may be

3-27 placed in another kind of school; or

3-28 (b) Receive equivalent instruction authorized by the state board

3-29 pursuant to NRS 392.070.

3-30 The superintendent of schools of a school district may, if appropriate in a

3-31 particular case , [in that school district,] allow an exception to the

3-32 expulsion [requirement of] required by this subsection.

3-33 3. Except as otherwise provided in this section, any pupil who is a

3-34 habitual disciplinary problem as set forth in NRS 392.4655 must be

3-35 suspended or expelled from the school for a period equal to at least one

3-36 semester for that school. For the period of his suspension or expulsion, the

3-37 pupil must [receive] :

3-38 (a) Be placed in another kind of school; or

3-39 (b) Receive equivalent instruction authorized by the state board

3-40 pursuant to NRS 392.070.

3-41 The superintendent of schools of a school district may, if appropriate in a

3-42 particular case, allow an exception to the expulsion required by this

4-1 subsection if the board of trustees of the school district approves an

4-2 exception for the pupil.

4-3 4. This section does not prohibit a pupil from having in his possession

4-4 a knife or firearm with the approval of the principal of the school. A

4-5 principal may grant such approval only in accordance with the policies or

4-6 regulations adopted by the board of trustees of the school district.

4-7 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been

4-8 found to have possessed a firearm in violation of subsection 2, may be

4-9 suspended from school or permanently expelled from school pursuant to

4-10 this section only after the board of trustees of the school district has

4-11 reviewed the circumstances and approved this action in accordance with

4-12 the procedural policy adopted by the board for such issues.

4-13 6. A pupil who is participating in a program of special education

4-14 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

4-15 may, in accordance with the procedural policy adopted by the board of

4-16 trustees of the school district for such matters, be:

4-17 (a) Suspended from school pursuant to this section for not more than 10

4-18 days. Such a suspension may be imposed pursuant to this paragraph for

4-19 each occurrence of conduct proscribed by subsection 1.

4-20 (b) Suspended from school for more than 10 days or permanently

4-21 expelled from school pursuant to this section only after the board of

4-22 trustees of the school district has reviewed the circumstances and

4-23 determined that the action is in compliance with the Individuals with

4-24 Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

4-25 7. As used in this section:

4-26 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

4-27 subsection 1 of NRS 200.481.

4-28 (b) "Dangerous weapon" includes, without limitation, a blackjack,

4-29 slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a

4-30 nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a

4-31 butterfly knife or any other knife described in NRS 202.350, or any other

4-32 object which is used, or threatened to be used, in such a manner and under

4-33 such circumstances as to pose a threat of, or cause, bodily injury to a

4-34 person.

4-35 (c) "Firearm" includes, without limitation, any pistol, revolver, shotgun,

4-36 explosive substance or device, and any other item included within the

4-37 definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July

4-38 1, 1995.

4-39 Sec. 5. NRS 392.4675 is hereby amended to read as follows:

4-40 392.4675 1. Except as otherwise provided in this section, a pupil

4-41 who is suspended or expelled from:

4-42 (a) Any public school in this state pursuant to NRS 392.466; or

5-1 (b) Any school outside of this state for the commission of any act

5-2 which, if committed within this state, would be a ground for suspension or

5-3 expulsion from public school pursuant to NRS 392.466,

5-4 is ineligible to attend any public school in this state during the period of

5-5 that suspension or expulsion.

5-6 2. [Except as otherwise provided in subsection 3, a] A school district

5-7 may allow a pupil who is ineligible to attend a public school pursuant to

5-8 this section to enroll in:

5-9 (a) An alternative program for the education of pupils at risk of

5-10 dropping out of high school; or

5-11 (b) Any program of instruction offered pursuant to the provisions of

5-12 NRS 388.550.

5-13 A school district may conduct an investigation of the background of any

5-14 such pupil to determine if the educational needs of the pupil may be

5-15 satisfied without undue disruption to the program. If an investigation is

5-16 conducted, the board of trustees of the school district shall, based on the

5-17 results of the investigation, determine if the pupil will be allowed to enroll

5-18 in such a program.

5-19 [3. The provisions of subsection 2 do not authorize the enrollment in

5-20 such a program of a pupil who is:

5-21 (a) Expelled for a second occurrence of a violation pursuant to

5-22 subsections 1 or 2 of NRS 392.466; or

5-23 (b) Suspended or expelled pursuant to subsection 3 of NRS 392.466.]

5-24 Sec. 6. This act becomes effective on July 1, 1999.

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